DUTIES AND DISCIPLINE OF POLICE OFfICERS
19. Every police officer shall, before entering on the duties of his office, take an oath of office and oath of allegiance prescribed by the Oaths and Declarations Act (Cap. 211) in such manner as may be prescribed in the Police Regulations.
20. All police officers shall be bound to serve in any part of Singapore or on board any vessel or aircraft in the service of the Government, or to proceed to and serve outside Singapore as provided in Part V.
—(1) Every police officer shall —
obey all lawful orders, whether given verbally or in writing; and
obey and conform to the Police Regulations, the Police General Orders, any Force Orders and any Standing Orders made under this Act.
(2) In particular, a police officer is required —
to serve wherever he is lawfully ordered; and
to perform such police duties as may be lawfully ordered.
(3) All powers granted to and duties imposed by any written law on any police officer shall be exercised or performed in accordance with the Police Regulations, the Police General Orders, any Force Orders and any Standing Orders made under this Act.
22. Every police officer shall be provided with such arms, ammunition and other accoutrements as may be necessary for the effectual discharge of his duties.
23. Every police officer shall, for the purposes of this Act, be deemed to be always on duty when required to act as such and shall perform the duties and exercise the powers granted to him under this Act or any other written law at any time and every place where he may be doing duty.
—(1) Nothing in this Act shall be deemed to prevent the prosecution, conviction and punishment of any police officer according to the provisions of any other written law for the time being in force in Singapore.
(2) No person who has been acquitted by a court of any offence shall be tried on the same charge under this Act.
(3) A sentence upon a police officer shall not be affected by such person ceasing to be a police officer by discharge or otherwise.
(4) No pay shall accrue to any police officer in respect of any period during which he is undergoing any sentence of imprisonment.
—(1) Where the defence to any suit instituted against a police officer is that the act complained of was done in obedience to a warrant purporting to be issued by any competent authority, the court shall, upon production of the warrant containing the signature of such authority and upon proof that the act complained of was done in obedience to such warrant, enter judgment in favour of such police officer.
(2) No proof of the signature of such authority shall be required unless the court has reason to doubt the genuineness thereof.
(3) Where it is proved that the signature on a warrant card is not genuine, judgment shall nevertheless be given in favour of such police officer if it is proved that, at the time when the act complained of was committed, the police officer believed on reasonable grounds that such signature was genuine.
—(1) Notwithstanding any other law in force in Singapore, any police officer may, if he considers it necessary to do so for the maintenance and preservation of law and order or for the prevention or detection of crime —
erect or place barriers in or across any public road or street or in any public place in such manner as he may think fit; and
take all reasonable steps to prevent any vehicle being driven or ridden past any such barrier.
(2) Any driver or rider of any vehicle who fails to comply with the signal of a police officer requiring such person to stop the vehicle before reaching any barrier erected or placed under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(3) Any police officer may, without warrant, arrest —
any driver or rider of any vehicle who fails to comply with the signal of a police officer requiring such person to stop the vehicle before reaching any barrier erected or placed under subsection (1); or
any driver or rider of any vehicle referred to in paragraph (a) —
who refuses to give his name and a place of address within Singapore when required by the police officer; or
whom the police officer has reason to believe has furnished any false or misleading information about the driver’s or rider’s name or address in Singapore.
(4) No police officer shall be liable for any loss or damage to any vehicle, or for any injury to the driver or rider or any other occupant of the vehicle, as a result of the driver or rider of the vehicle failing to obey any police officer acting under this section.
—(1) Any person may apply to the Commissioner, in such form and manner as may be prescribed, to employ police officers for —
the purpose of guarding the applicant or any other person or any property; or
any other reason acceptable to the Commissioner.
(2) The Commissioner may grant an application made under subsection (1) subject to such conditions as he thinks fit, including but not limited to the following:
the applicant shall pay for the services of the police officers such amount or at such rate as may be prescribed, and if no such amount or rate is so prescribed, such amount or rate as the Commissioner thinks fit; and
the number of police officers to be placed at the disposal of the applicant for such service, and the conditions of service.
(3) The Government shall not be liable for any loss or damage to property, whether owned by the applicant or by any other person, consequent on the employment of police officers as provided in this section.
—(1) A police officer below the rank of inspector may be interdicted or suspended from the performance of duty by the Commissioner where —
the Commissioner considers that the public interest requires that the police officer concerned cease to exercise the powers or perform the duties of a police officer; and
any criminal proceedings, or any disciplinary proceedings under this Part that may lead to dismissal or reduction in rank, are contemplated against the police officer.
(2) Where a police officer has been interdicted under subsection (1), the Commissioner may order that the whole or such part of the police officer’s salary to be withheld during the period of interdiction.
(3) If the disciplinary proceedings under this Act against a police officer who is interdicted under subsection (1) do not result in his dismissal, the police officer shall be entitled to receive —
such proportion of the salary or the part thereof withheld during the period of interdiction as the Commissioner may determine, if the police officer is reduced in rank or otherwise disciplined; or
the full amount of the salary or the part thereof withheld during the period of interdiction, if the police officer is acquitted.
30. Notwithstanding any other provision of this Act, no police officer below the rank of inspector shall, without the written permission of the Commissioner, resign from the Police Force during the period —
when any disciplinary proceedings or any prosecution for a service offence instituted against him is pending;
after notice of intention to prefer disciplinary charges or to prosecute him for a service offence is given to the police officer; or
where he has appealed against any finding of guilt, punishment, conviction or sentence, when the appeal is not withdrawn but pending.
—(1) Every allegation against any police officer below the rank of inspector that he has committed a disciplinary offence shall be reported in the form of a charge to a disciplinary officer.
(2) A disciplinary officer may, when dealing with a charge brought before him under subsection (1), dismiss the charge if and only if he is satisfied that —
the charge is groundless and ought not to be proceeded with; or
there are special circumstances which justify its dismissal,
and the disciplinary officer shall record his reasons for the dismissal.
(3) A disciplinary officer shall not be bound by the law of evidence when dealing with a charge brought before him under subsection (1) and, subject to the Police Regulations, shall act in such manner as seems to him most expedient for the disposal of the case before him.
—(1) Notwithstanding section 31, the Commissioner may, if he thinks fit, refer any case where disciplinary proceedings for a disciplinary offence are to be taken under this Part against a police officer below the rank of inspector to the Public Service Commission for the case to be dealt with by the Public Service Commission in accordance with the regulations governing disciplinary proceedings in the public service.
(2) Where any case has been referred to the Public Service Commission under subsection (1), the Commission may —
order that the police officer below the rank of inspector concerned be dismissed;
order that he be retired from the Police Force; or
(3) Where any case has been referred to the Public Service Commission under subsection (1), any reference in this Act to a disciplinary officer shall include a reference to the Public Service Commission.
—(1) A police officer who is —
authorised to conduct an investigation into; or
a disciplinary officer authorised to conduct disciplinary proceedings for,
any alleged service offence committed by another police officer or a special police officer may apply to a Magistrate for a summons to secure the attendance before the police officer, as a witness, of any person who appears to be acquainted with the circumstances of the case.
(2) Subject to subsection (3), a Magistrate may issue a summons accordingly and such witness shall —
be bound to attend at the time and place mentioned in the summons;
be bound to answer truly all questions relating to such case as may be put to him by the police officer referred to in subsection (1); and
produce all documents relevant to such case.
(3) Nothing in this section shall be construed to compel any person to disclose any matter or produce any document which would have been protected from disclosure or production, as the case may be, on the ground of privilege if the proceedings had been held in any court.
—(1) Any police officer who deserts shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and to imprisonment for a term not exceeding 10 years, and all arrears of pay due to him shall be forfeited.
(2) For the purposes of this section, a person deserts if he, being on duty, or having been notified to report for duty, without leave does not attend at or leaves his place of duty in circumstances which show that he has the intention to remain permanently absent without leave or of not returning to his duty.
(3) Any police officer may arrest without warrant any person where he believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).
35. Any person who —
being aware of the desertion or intended desertion of a police officer, does not without reasonable excuse inform his superior officer immediately; or
fails to take any steps in his power to cause the apprehension of a police officer whom he knows, or has reasonable cause to believe, to be a deserter,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and to imprisonment for a term not exceeding 2 years or to any other punishment authorised by this Act.
—(1) Any police officer who is absent without leave shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both, and to any other punishment authorised by this Act, and all arrears of pay due to him shall be forfeited.
(2) Any police officer is absent without leave if he —
without authority leaves his place of duty;
without authority is absent from his place of duty;
having been authorised to be absent from his place of duty, fails to return to his place of duty at the expiration of the period for which his absence was authorised; or
having been notified to report for duty, fails to report to his place of duty without lawful excuse.
(3) It shall be a defence for any person charged with an offence under this section to prove that his absence was a result of circumstances over which he had no control.
(4) Any police officer may arrest without warrant any person where he believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).
37. Any police officer who threatens or insults another police officer of senior or equal rank when —
such other officer is on duty; or
such threat or insult relates to or is consequent on the discharge of duty by the officer so threatened or insulted,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
—(1) Any person who, with intent to commit any service offence, by act or omission behaves in a manner that is, or that he believes to be, a substantial step towards the commission of the service offence shall be deemed, for the purpose of this section, to have attempted to commit the service offence.
(2) Any person who attempts to commit a service offence under any of the provisions of this Part shall be liable on conviction or on being found guilty thereof to the like punishment for that offence.
(3) Any person charged with attempting to commit a service offence may be convicted or found guilty of the attempt even though the evidence in the proceedings proves that the person committed the offence.
(4) Where an attempt to commit a service offence is voluntarily abandoned, the fact and circumstances of that abandonment shall be taken into consideration in mitigation of any punishment to be imposed in respect of the attempt.
39. Any person who intentionally or recklessly —
aids, abets, counsels or procures;
incites to, urges or encourages; or
commands or orders,
the commission of a service offence shall be guilty of the service offence.
—(1) The service offences specified in the First Schedule are disciplinary offences.
(2) Subject to subsections (3), (4) and (5), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Police Regulations, a police officer below the rank of inspector is found guilty of a disciplinary offence by a disciplinary officer who is a commanding officer, the disciplinary officer may order that such police officer be subject to any one of the following punishments:
dismissal or compulsory retirement from the Police Force;
reduction in rank, grade or seniority;
deferment or stoppage of increment;
stoppage of leave;
restriction of privileges;
(3) Subject to subsections (4) and (5), where a disciplinary officer, being an officer authorised by a commanding officer to conduct disciplinary proceedings, finds any police officer below the rank of inspector guilty of any disciplinary offence, the disciplinary officer may impose on the police officer concerned any one of the punishments specified in subsection (2)(b) to (h).
(4) A disciplinary officer may, in lieu of or in addition to any punishment specified in subsection (2), order —
the police officer concerned to pay a fine not exceeding $200; or
the forfeiture of not more than one month of the police officer’s salary.
(5) In addition to any other punishment specified in subsection (2), a disciplinary officer may make the following orders where he finds any police officer below the rank of inspector guilty of the following disciplinary offences:
in the case of the disciplinary offence of absence without leave, an order of forfeiture of the police officer’s salary in respect of the period of absence or such lesser period as the commanding officer may consider fit; or
in the case of the disciplinary offence of wilful destruction or negligent loss of or injury to property belonging to the Government, an order for the police officer concerned to make good, either partially or wholly, the value of such property or the amount of such loss or damage.
(6) A police officer below the rank of inspector may appeal against any finding or punishment under this section to the Commissioner within 30 days from the date of such finding or punishment.
(7) In every case where an appeal has been made under subsection (6) against any punishment awarded, the punishment shall be suspended pending the determination of the appeal.
(8) The decision of the Commissioner on an appeal under subsection (6) shall be final.
(9) Where a police officer below the rank of inspector is ordered to be retired under subsection (2) his service shall, for the purposes of the Pensions Act (Cap. 225) or the Home Affairs Uniformed Services Superannuation Act (Cap. 126B), be deemed to have been terminated or retired in the public interest.
—(1) A police officer below the rank of inspector accused of any of the disciplinary offences may, instead of being dealt with under section 40, be prosecuted in court.
(2) A police officer referred to in subsection (1) shall, on conviction of a disciplinary offence for which no penalty is expressly provided for in this Act, be liable to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(3) No prosecution under this section shall be instituted without the previous sanction in writing of the Public Prosecutor.
—(1) Any police officer below the rank of inspector who is convicted —
of any service offence under this Part; or
under the provisions of any other written law of an offence punishable with imprisonment,
may, unless the conviction is set aside on appeal, be reduced in rank or dismissed from the Police Force by the Commissioner.
(2) Where a police officer is dismissed following any conviction referred to in subsection (1), the Commissioner or a commanding officer may order the forfeiture of any arrears of pay due to him.